The School Management Team is expected to have an intensive knowledge of policies and legislation relevant to the implementation of the NCS.
The following legislation and policies are important in terms of influencing the implementation of the NCS).
The constitution of the Republic of South Africa (Act No 108 of1996). This is the supreme law in the country. All other laws and policies must comply with the constitution. The constitution is the highest norm and can therefore be identified as the foundation of service delivery in the South African public sector (section 2 of the constitution, 1996). The critical outcomes which underpin the National Curriculum Statement (NCS) are derived from the Constitution of the Republic of South Africa. It is therefore important to take into cognisance the provisions and principles contained in the following regulatory framework:
The Labour Relations Act (Act No 66 of 1995) and its amendments. This Act aims to promote economic development, social justice, labour peace, and democracy in the workplace. It promotes rights that are based on the values of the constitution.
The National Education Policy Act (NEPA) (Act No 27 of 1996). This Act provides the basis for the relationship between the National Department of Education and provincial departments of education. It establishes the structures of:
The council of ministers (all provincial MECs for education); and
provincial heads of education departments (HEDCOM).
The South African Schools Act (SASA) (Act No 84 of 1996). This is a National Act governing education in South Africa. It creates an education system that aims to promote the quality of education for all, on equal basis.
Subject Assessment Guidelines. This document provides guidelines for assessment in the National Curriculum Statement, grades‟ 10-12 (General). The guidelines must be read in conjunction with the National Senior Certificate: A Qualification at Level 4 on the National Qualification Framework (NQF) and the relevant subject statements. Together these documents assist teachers in their implementation of the National Curriculum Statement. The Department of Education encourages teachers to use these guidelines as they prepare to teach.
Teachers should also use every available opportunity to hone their assessment
skills. These skills relate both to the setting and marking of assessment tasks (Department of Education, 2007: 1).
National Curriculum Statement (Grades R-12) Assessment: National Protocol for Recording and Reporting. This protocol provides requirements and examples for the design of learner profiles, teacher portfolios, report cards, record sheets and schedules. The Department of Education, Provincial Departments of Education and Schools are responsible for developing a recording and reporting system that is aligned to the requirements specified (Department of Education, 2007: 1).
The Employment of the Educators Act (Act No76 of 1998). This Act governs the employment of educators. It also provides for the development of educators conditions of service in a document called Personnel Administration Measures (PAM).
The Employment Equity Act (Act No 55 of1998). This Act aims to promote equality in employment, to eliminate unfair discrimination and to reduce the effect of the past employment injustices. It clearly defines the ‟unfair discrimination‟
and ‟affirmative action‟.
The Education Labour Relations Council (ERLC). It is a negotiating forum on matters affecting educators. It also deals with dispute in the Education Sector affecting educators.
The Public Finance Management Act (Act No 1 of 1999). It deals with lines of accountability and delegation, both nationally and provincially.
The South African Council for Educators (SACE). This council was established in terms of the Employment of Educators Act to register all practicing educators and enforce standard of professional practice.
National Guidelines and Policies on:
School governance
Curriculum change
Religion
Inclusive education
The legislation supporting the human resource development includes the White Paper on Public Service Training and Education, published in 1997, which establishes a policy framework on training and education in the provincial government. In addition, the Skills Development Act (Act 97 of 1998) and the Skills Development Levies Act (Act 9 of 1999) provide a framework for developing the skills of the South African workforce and integrating the relevant strategies within the National Qualification Framework (NQF) (South African Qualifications Authority Act, Act 58 of 1995). The Skills Development Act (Act 97 of 1998) covers the establishment of the learner ships and the financing of the skills development by means of a levy grant, while also providing for and regulating employment service administered by the department of labour. To direct standard setting, accreditation and quality assurance, the Public Service Sector Education and Training Authority (PSETA) was established on 20 March 2000. PSETA is mainly responsible for identifying priorities for skills development and administering the levy system (SA: Department of Labour, 2001 and the business Bulletin, 2002).
Skills Development Act, No. 97 of 1998
According to this Act, training is of critical importance in South Africa, and a major overhaul has taken place in recent years. The forerunner to this Act was the South African Qualifications Authority Act (RSA, 1995b), which put in place the South African Qualifications Authority (SAQA) and its functions. SAQA pursues the objectives of the National Qualifications Framework (NQF). The objectives of the NQF, according to section 2 of the Act (RSA, 1995b), are to:
Create an integrated national framework for learning achievements;
facilitate access to, and mobility and progression within education, training and career paths;
enhance the quality of education and training;
accelerate the redress of past unfair discrimination in education, training and employment opportunities, and thereby contribute to the full personal development of each learner, and the social and economic development of the nation at large.
The NQF provided the backdrop for the Skills Development Act, No. 97 of 1998 (RSA, 1998b), which came into effect on 1 February 1999, and replaced the Manpower Training Act as well as the Guidance and Placement Act.
2.2.3 The purpose of the Act, No. 97 of 1998 According to section 2, the purpose of the Act is to:
Develop the skills of the South African workforce;
increase the levels of investment in education, training in the labour market and improve the return on the investment;
use the workplace as an active learning environment, to provide employees with the opportunities to acquire new skills and to provide opportunities for new entrants to the labour market to gain work experience;
employ persons who find it difficult to be employed;
encourage workers to participate in leadership and other training programmes,
improve the employment prospects of persons previously disadvantaged by unfair discrimination, and to redress those discriminated against through training and education;
ensure the quality of education and training in and for the workplace; and
provide for and regulate the workplace.
According to section 2(2), the purpose of the Act is to be achieved by establishing the following mechanisms:
An institutional and financial framework comprising of the National Skills Authority; the National Skills Fund; a skills development levy-grant scheme as stipulated in the Skills Development Levies Act (RSA, 1999a); a sector for Educational and Training Authorities (SETAs); labour centres; and a skills Development Planning Unit.
Partnerships between the public and private sectors of the economy to provide education and training in and for the workplace.
Cooperative relationships with the South African Qualification Authority.
With regard to further enhancement of skills development in South Africa, the Skills Development Levies Act was passed in 1999. Its function, amongst others, is to regulate the imposition and collection of levies for training purposes, the role of SETAs and commissioner, as well as the distribution of levies, recovery of levies by SETAs, etc. In terms of the Act, every employer was required to pay a skill development levy from 1 April 2000 at a rate of half a per cent of the leviable amount (meaning the total amount of remuneration payable to employee during any month, as determined in the Fourth Schedule of the Income Tax Act, but excluding pensions, superannuation or retirement allowances), and one per cent from 1 April 2001 for the training and education of employees. The South African Revenue Services (SARS) was named as the national collection agency (Nel and van Dyk, 2001: 114-115).
It is evident that the legislation and policies cited above consolidate the significance of the skills development and training, particularly for SMTs, who in turn will have to train their subordinates. The policies and legislation above are intended to provide guidance and assistance to managers (SMT) in carrying out their professional obligations effectively, efficiently and in a manner that builds capacity for their teachers, learners, parents and governance systems while the quality of service delivery. Furthermore, the application of the policies and legislation encourages SMTs to develop effective relationships with their school governing bodies and departmental officials. Both provincial and district officials, with regard to the policies, are responsible for training school governing bodies and principals in a manner which focuses on empowering schools to improve the quality of teaching and learning. On the other hand, the school governing bodies will be able to make decisions affecting their schools, and how to best interact with school management teams in ways which provide support and guidance, balanced by thoughtful direction and control.
2.3 AN OVERVIEW WITH REGARDS TO THE CURRICULUM CHANGE IN